This website provides information on how Atos runs its business,
extracts from the Contract between the DWP and Atos including the
MEDICAL CONDITIONS
that mean a face to face medical assessment is not always necessary,
ASSESSMENTS AND POINTS,
the breaches of Contract that occurred in my case, my unsound medical report
and the correspondence showing how difficult it is to obtain justice or advice.

For many people welfare rights advice from your local council
is the best initial step.
The council or the organisations recommended by your council should
provide impartial advice.

Be wary of some "campaign" managers of some charities and help groups.
It may be better to check if the individual has been shortlisted as a candidate
for a national or local government position.
If the candidate's party is in power, your case may not be fought as you might wish.
If such a person promises to take the matter up
with the Minister at their next meeting which happens to be months away
and then does not come back to you.
Treat the snake for what he does, not for what he promises.
Ill people fatigue easily and any delay disadvantages the claimant.

The libellous report produced by the Atos doctor
that resulted from my face to face assessment that should not have taken place.
It does not reflect the actual assessment.
Atos fraudulently or through incompetence instructed me to attend an assessment.
The fact that the doctor carried out the assessment, when she
had no legal right to do so, constitutes an assault.
The Atos assessment took place 15 June 2009.
Atos wrote this report 24 July 2009 but it was months before I received it.

This is the extract of the Contract between the DWP and Atos obtained
under the Freedom of Information Act.
The Contract comprises a Agreement made up of Clauses and a number of Schedules made
of Clauses.

The clauses that relate to enquiry services including
"...shall use reasonable endeavours to respond to all enquiries
within two (2) Working Days of receipt of an enquiry. or exceptionally, where the
enquiry is of a complex nature, within five (5) Working Days of receipt of the enquiry".

The clauses that relate to medical examinations including
"...shall ensure that any Claimant is not required to travel for more than
ninety (90) minutes by public transport (single journey) for an examination...".

The clauses that relate to the Welsh Language Act including
"...shall comply with the provisions of the Welsh Language Act to provide a
bi-lingual service for those Claimants who are resident in Wales...".

The clauses that relate to medical process standards including
"...shall use reasonable endeavours to ensure that a minimum of
ninety nine per cent (99%) of Health Care Professional reports, in each business
area, are fit for Purpose and do not result in Rework...
comprehensive, clearly explaining the medical issues raised...
in plain English and free of medical jargon...".

The clauses that relate to medical quality assurance including
"...shall maintain databases that collect and report information in
relation to recruitment, training, monitoring, Approval and revocation of Approval...".

Help SPVA

The SPVA page provides information for disabled military veterans in the form of
research documents and correspondence.
This information has been provided by a disabled military veteran who is very
active in ensuring the best for veterans like herself.

Frequently Asked Questions (FAQ)

This website is large and complex.
The DWP and Atos Healthcare appear to make obtaining advice
as difficult as possible.
The information published here is based on my experience.
It is hoped that this information will assist you in presenting your case
in the way that the DWP and Atos are most likely to meet your needs.

Most Important

Avoid the telephone like the plague except when ordering the
ESA50 form and if you need the DWP to complete it following your
instructions. Letters and emails provide a paper trail
that will assist in appeals, tribunals and if necessary in court.

If your medical condition means you are forced to telephone
always ask them to confirm in writing what you have said and what
they have said.

A low cost "MP3" recorder / player allows you to record
all conversations. These can be useful in recording your assessment.
Your local council or external organisations recommended by them
should be able to assist with providing
help in writing letters supported by your recordings.

Welfare Rights Advice

Your local council might be able to help with welfare rights advice.

Customer or Client or Patient or Claimant

The DWP and Atos prefer to use "customer" or "client" for
reasons that "these terms are better understood". I disputed this strongly.
Parliament and the Contract use claimant and patient.
I do think it is worth taking a stand.

I finally forced the DWP and Atos to agree to refer to me as a claimant.

I have set the precedent.
It is for current and future claimants to ensure that the DWP and Atos treat
claimants with dignity and respect.

Regarding the DWP continued use of the terms "customer" or "client", I have noted
and considered legal opinion on the fallacious argument that people are more familiar
with "customer" and "client" than they are with "claimant". "Claimant" has been used
for many generations. The use of the unjustifiable terms "customer" or "client"
belittles my medical condition, insults my intelligence and ignores my inalienable
rights under Commmon and Statute Law to be treated with dignity and respect.

Therefore I require you to cease and desist your harassment of me by using the
terms "customer" or "client". I further require you to comply with the Legislation
and the Contract and use "claimant". If the DWP feels differently it can petition
for Parliament to provide clarification and it is then up to Parliament to redefine
the term "customer", though I suggest this would have widespread consequences not
least amendments to the "Sale of Goods" Act and the "Companies" Act.
Clearly this matter is one that could be subject to Judicial Review but the costs
of this would not be welcome to taxpayers or petitioners.

I acknowledge that you do not like to be referred to as a 'customer' or 'client'.
We have been using these terms for many years as the nature of our business has evolved
and we now work more closely with individuals to help them return to work.
We have noted that you wish to be referred to as a claimant however, please note that
any automatically produced letters sent to you will not include this term of address.

Employment and Support Allowance (ESA)

The DWP need to be contacted to obtain the ESA Form.
If you are unable to complete the form due to your medical condition,
the DWP can complete the form on your behalf.
You should insist that the DWP should telephone you back
and that they send you two copies of the completed form for you to check
and sign.

If the DWP fails to include pertinent information such as
that your symptoms are intermittent, then ask them to amend and
send you two copies for you to recheck and sign.

Your local council may help to complete your form.

ESA50 Form

The most important information necessary in completing this
form is to know the claimant's medical condition and include in the form the
names of the medical conditions as listed
in the Contract.

State clearly if your medical symptoms are intermittent.

State clearly your capabilities when your medical symptoms are most severe.
Consider if you were at work and your most severe medical symptoms occur
would you be able to carry out your duties without impairment.

State clearly if you are taking medicines that impair your
ability to travel e.g. some high blood pressure medicines work
by making the patient frequently pass water.
Ninety minutes on public transport is the maximum time allowed
to travel each way.

State clearly the impact of your medical condition and
the assessment on your mental condition.
The stress and anxiety of a long journey, especially as the maximum time
allowed to be late is fifteen minutes, will unsettle even
the most stoutest of hearts.
The Contract provides for the assessor to visit
your home.

Ask for the names and qualifications of the medically qualified
personal who will decide whether you need a face to face assessment and
if required who will carry out the assessment.

Ask that you will require the medical justification to be sent to you in writing
should a face to face assessment be necessary.
You can explain that you wish to check with your GP or other competent medical authority
such as the NMC and the
GMC that the medical justification is evidence
based and valid.

Unnecessary Face to Face Assessments

As a claimant with a brain tumour I should not have to have endured
the rigours of an assessment unless my GP and consultants agreed that this
did not place me at risk.

Review that the decision complies with the actions to be taken for your
medical condition by checking the Contract
medical conditions.
If the decision does not comply with the Contract
then challenge it by email.

Challenge travelling time.

If you feel stressed or are anxious, ask that the assessment
takes place in your home.
If possible have a witness present, ideally a solicitor.

Face to Face Assessment

The assessment starts from when the camera picks you up
outside the building to when you leave the area covered by the
camera after the assessment.

I have published the fiction that was the report
produced by the Atos doctor.

If you are well turned out and are wearing smart clothes, because perhaps
a carer has taken extra effort, then if you have access to such a carer
every day for work fine be well turned out.
If, because of your medical condition, your normal dress is joggers
over pyjamas and an old coat as you cannot afford heating or new clothes then
this is your normal dress.

If, due to your medical condition, you are not able to be as clean
as you would like or if you drool or need help with dealing with continence
then do NOT falsify the impact of your medical condition on how you live.

Remember if you can't do something, like bending down or lifting a limb,
without pain, do not force yourself.
Just say you can't do what is asked without forcing and pain.

If, due to your medical condition, you need to take rests or
have to ask for a question to be repeated, do not put yourself under
strain to answer promptly.
I was so ill my assessment, which should never have taken place,
took 1 hour and 50 minutes.

If you had to wait more than 15 minutes then ask the doctor or the
nurse to sign your appointment paper with the time the assessment
started and at the end the time the assessment ended.

Take the form to claim travelling expenses.

Take the leaflet on how to complain.

Assessment Report

First obtain a copy of the report. Be persistent.
Do not worry if it appears to be a work of fiction, in my case it was.

Remember go through the medical appeals process firsts.
Remember to keep the DWP and Atos updated that you require the
benefit to be paid and you would like to extend the period allowed for appeal
until you have all the documents supplied to you; ESA50, ESA85 et al.

It is a good idea to ask for a copy of the ESA50 that you
supplied to ensure that they are using the copy you have agreed.

After the medical appeals conclude then you can take your case to a Tribunal.
Tribunals do not have the medical expertise to overturn medical matters.
Tribunals are interested in the correct process has been carried out
and that the clauses in the Contract
have been complied with in full.

It is usual, as in my case, that the DWP will concede if you have the
evidence that procedures have not been complied with.
This is why it is so important to NEVER use the phone and only use
email or letters.
The DWP and Atos will continually try and contact you by phone insist
they email or write to you so that you may take legal advice if necessary.

Involve your MP. You will receive more considerate treatment.
This is implied in the Contract.

Eventually escalate to the DWP Chief Executive Officer.
Ask the DWP CEO to review your case.
Once the DWP CEO has turned you down, pass your case to the
Independent Case Examiner.